Smack Nightclub, Tavistock Street, Leamington Spa, CV32 5PJ

Main issues, as the Inspector framed them

• whether the appeal building is situated within the curtilage of the Grade II* listed building, 'Numbers 12-42 and Attached Railings to Numbers 16 and 18 and 20a, Parade', and thereby should be considered as part of the listed building
• notwithstanding whether the appeal building is situated within the curtilage of the listed building, whether the proposal would preserve the listed building, and any features of special historic interest that it possesses, including its setting; and the effect of the proposal on the character and appearance of the site and its surroundings, including whether it would preserve or enhance the character or appearance of the Royal Leamington Spa Conservation Area
• whether the proposal would provide acceptable living conditions for the future occupiers of the proposed development, with regard to the potential for noise and odour nuisance to occur from the neighbouring restaurant, known as La Coppola (Appeals A and C only)
• whether the proposed developments would make suitable provision for local services, in relation to local green space and road safety initiatives (Appeals A and C only)

What decided it

The less than substantial harm to the listed building and conservation area was not outweighed by the public benefits of the schemes, compounded by the failure to secure acceptable living conditions for future occupiers regarding odour.

The great weight to heritage asset conservation and the less than substantial harm identified, together with harm from unacceptable living conditions (odour), attracted substantial weight against the schemes which was not outweighed by the moderate weight of housing, economic, social and limited heritage benefits.